Legal Opinion

Like v. McKinstry

New York Court of Appeals

Decided September 15, 1868PublishedCited by 4 opinions

This is an action for slander of plaintiff’s title to personal property. The action was tried in- Columbia county, at a Circuit Court, on the 15th day of January, 1863. . The plaintiff hired and occupied a farm of the defendant, in the town of Livingston, Columbia county, for three years, from April 1, 1859, to April 1, 1862, under a hiring from year to year by verbal agreement.

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This is an action for slander of plaintiff’s title to personal property. The action was tried in- Columbia county, at a Circuit Court, on the 15th day of January, 1863. . The plaintiff hired and occupied a farm of the defendant, in the town of Livingston, Columbia county, for three years, from April 1, 1859, to April 1, 1862, under a hiring from year to year by verbal agreement. The agreement for the last year from April 1, 1861, to April 1, 1862, was made in March, 1861, and was a parol contract. By this agreement the plaintiff hired the farm of defendant for one year from April 1, 1861. The…

1Opinion of the CourtWoodruff, J.

Three questions are involved in the controversy between these parties: First, will an action lie for slander of the plaintiff’s title? Second, was there sufficient proof to warrant the submission to the jury of the question, whether the plaintiff had title to the rye in respect of which the alleged slander was uttered, or in other words, were the words false? Third, was the alleged slander uttered maliciously?

If these questions are all answered affirmatively, it is not claimed that the plaintiff was not entitled to recover the damages which the jury by their verdict have found in his favor.

The…

2Cited by4 opinions

  1. Smith County Oil Co. v. JefcoatMississippi Supreme Court · 1948
  2. John W. Lovell Co. v. HoughtonThe Superior Court of New York City · 1886
  3. Leonard v. PooleThe Superior Court of New York City · 1888
  4. Reeder v. SayreNew York Supreme Court · 1876

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